Madras High CourtCRL OP/10321/2022allowed

Tamilselvan v. State Of Tamilnadu

2022-04-29Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10321 of 2022 1.Tamilselvan 2.Nandhakumar 3.Gogulraj 4.Mukilan @ Anbu @ Anbu Karunanithi ...Petitioners/A1, 2, 4 & 5 Vs.

1.State of Tamil Nadu, Rep. By the Inspector of Police, Thirumanur Police Station, Ariyalur.

(Crime No.77 of 2022) 2.The Deputy Superintendent of Police, Ariyalur Taluk & District.

... Respondents/Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to permit the petitioners to surrender before the Special Court for SC & ST Act Cases cum Principal Sessions Court, Ariyalur, by filing Bail application and to direct the Special Court for SC & St Act cases cum Principal Sessions Court, Ariyalur to consider such Bail application on the same day, in connection with Crime No.77 of 2022, pending investigation on the file of the second respondent. For Petitioners :Mr.S.Senthil For Respondents : Mr.V.Meganathan, Government Advocate (Crl. side)

O R D E R

This Criminal Original Petition has been filed seeking to permit the petitioners to surrender before the Special Court for SC & ST Act Cases cum Principal Sessions Court, Ariyalur, by filing Bail application and to direct the Special Court for SC & St Act cases cum Principal Sessions Court, Ariyalur to consider such Bail application on the same day, in connection with Crime No.77 of 2022, pending investigation on the file of the second respondent https://hcservices.ecourts.gov.in/hcservices/

2.In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Special Court for SC & ST Act Cases cum Principal Sessions Court, Ariyalur, to accept the surrender of the Petitioners in Crime No.77 of 2022 pending on the file of the first respondent and consider the bail petitions on the same day of their surrender and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. The petitioners shall surrender before the concerned Jurisdictional Court, within a period of fifteen days from the date of the receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar shk/sai To

1. The Special Court for SC & St Act cases cum Principal Sessions Court, Ariyalur 2.The Inspector of Police, Thirumanur Police Station, Ariyalur.

(Crime No.77 of 2022) 3.The Deputy Superintendent of Police, Ariyalur Taluk & District.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.Senthil, Advocate, S.R.No.29918 Crl.O.P.No.10321 of 2022 BS(CO) SB(29/04/2022) https://hcservices.ecourts.gov.in/hcservices/